Condo Q&A

Can condo developer also serve as property manager?

Written by stephen polinsky | Mon, Nov 19, 2012 @ 01:44 PM

I serve on my homeowners' association's board of directors. The developer and a fellow home owner serve as the other two other board members. The developer also serves as the property manager. So, he serves in three capacities related to our building. The board has voted to not renew the property manager's contract, which expires at the end of the calendar year. The developer/board member/property manager has demanded that his company be paid for retroactive payments that he didn't charge the association prior to the association turnover from the developer to the homeowners. The contract stipulations are vague, as the developer, who owns the property manager, drafted the contract. Can property managers demand retroactive payments that predate the association turnover to homeowners?